People v. Sparks

Defendant was found guilty, after trial by a jury, of count one, robbery of the first degree, count two, assault by means of force likely to produce great bodily injury, and count three, burglary. He has taken this appeal from the judgment and sentence as to each of the three counts.

Although defendant does not question the sufficiency of the evidence to support the judgment, having appealed on procedural and constitutional grounds, the facts are briefly stated to provide a framework for discussion of the points raised on this appeal.

On July 7, 1966, defendant and an accomplice, wearing nylon…